The disciplinary committee is the only way by which an advocate can be punished for misconduct. Apart from the provisions of appeal mentioned in various sections of chapter 5, there are some powers exclusive to the disciplinary committee.
How do you punish an advocate?
a. Dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed. c. Suspend the advocate from practice for such periods as it may deem fit.
Who can initiate disciplinary action against an advocate in India?
The provisions of Section 5 of the Limitation Act, 1963 shall apply to this sub-rule. The Disciplinary Committee shall hear the Attorney General or the Additional Solicitor General of India or the Advocate General, as the case may be or their advocate and parties or their advocates.
Can an advocate be punished for professional misconduct?
It has further been held as follows: “An Advocate who is found guilty of contempt of court may also, as already noticed, be guilty of professional misconduct in a given case but it is for the Bar Council of the State or Bar Council of India to punish that advocate by either debarring him from practice or suspending his …
What is professional misconduct under Advocates Act?
Misconduct means dereliction of duty. Professional misconduct means dereliction of duty relating to Legal profession. Under S. 35 of the Advocates Act, An Advocate is punishable not only for professional misconduct but also for other misconduct.
Can disciplinary committee suspend the advocate?
Such a disciplinary committee may, upon hearing the case, dismiss the complaint, reprimand the advocate, suspend the advocate from practice for such period as it may deem fit or even remove the name of the advocate from the State roll of advocates.
What are the role of Disciplinary committee for misconduct?
The Act has conferred powers on the disciplinary committee of the Bar Council of India to make inquiry in some cases on complaints of misconduct referred to it, to withdraw cases for enquiry before itself, to hear appeals and order stay and to review its own orders.
Under what circumstances a disciplinary action can be taken against an advocate?
In the context of misconduct of an advocate, any conduct that in any way renders an advocate unfit for the exercise of his profession, or is likely to hamper or embarrass the administration of justice may be considered to amount to misconduct, for which disciplinary action may be initiated.
What are examples of professional misconduct?
What constitutes professional misconduct?
Some examples are:
- Obtaining a license fraudulently.
- Practicing with negligence.
- Practicing with incompetence.
- Being a habitual user of alcohol or drugs.
- Being convicted of a crime.
- Refusing to care for a patient because of race, creed, color or national origin.
Are advocates legally entitled to strike?
Union of India had put a finality to the question of whether lawyers have a right to strike and/or give a call for boycott of courts and concluded that lawyers have no such right — even for a token strike.
What are the types of misconduct?
- Fraud and dishonesty,
- Assault, violence, and abuse,
- Habitual absences and habitual late attendance,